Michigan Laws 35.76 – Guardian for incompetent; prima facie evidence of necessity
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Prima facie evidence of necessity for guardian—incompetent.
Where a petition is filed for the appointment of a guardian of a mentally incompetent ward a certificate of the administrator, or his duly authorized representative, setting forth the fact that such person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing such veterans administration; and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person by the veterans administration, shall be prima facie evidence of the necessity for such appointment.
Terms Used In Michigan Laws 35.76
- administrator: means the administrator of veterans affairs, or his successor. See Michigan Laws 35.71
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes a partnership, corporation or an association. See Michigan Laws 35.71
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- veterans administration: means the United States veterans administration, its predecessors or successors. See Michigan Laws 35.71
- ward: means a beneficiary of the veterans administration. See Michigan Laws 35.71